Are there any restrictions against a mediator subsequently acting as an arbitrator in the same dispute?

Answer 1

It is possible that there may be, depending on whether the arbitration is binding or not, and depending upon the rules of your jurisdiction.

In a mediation people have the chance to speak freely and to know that the discussions are protected by the mediation privilege. That's certainly not the case in an arb, where there will be actual testimony.

I believe that I would not want the same mediator to later serve as the arbitrator--especially if the arbitration is binding. The mediator is going to have some opinions formed and possibly some biases by virtue of the prior discussions and negotiations. While it's undoubtedly his/her duty to remain impartial and to excuse him/herself if he/she cannot preside over the proceedings in an unbiased manner, there's the risk that he/she will recall something from the previous mediation (i.e., if your client, during the mediation, said one thing, but now, in arbitration is testifying to something opposite, the mediator/arbitrator may decide that your client is not credible) and may utilize that information in forming his/her ultimate opinion--whether it's proper or not.

If your arbitration is going to be run very informally, and much like a mediation, then I wouldn't be so worried. The mediator/arbitrator may still need to consider any ethical obligations or requirements re: presiding over the two separate proceedings in a single matter.

Answer 2

Mediator who acts as arbiter in a dispute can be valid if allowed under the law of your place.

Answer 3

I dont know but I wouldn't think there should be sounds like two unbiased positions that shouldn't conflict

Answer 4

No.